Artistic Work Definition Marketing Public Domain 
Kluwer Copyright Blog
DECEMBER 20, 2022
Photographs are included in Article 2(1) of the Berne Convention as copyrightable artistic works. All Berne Union Member States must thus provide copyright protection to photographic works. Photographic works. . To qualify as a photographic work, a photograph must meet the general “creativity” ( creatività ) threshold.
43(B)log
FEBRUARY 19, 2022
Summary of current treatment: Although courts have often referred to “expressive” or “artistic” works as shorthand for the scope of Rogers, they have applied it to speech that quali?es TM bullying w/ a public domain quilt, claiming rights over “Dear Jane” as quilt/software. What to do next? Why does she believe it’s hers?
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Technology & Marketing Law Blog
JUNE 20, 2023
Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. Addressing Factor 4, it asserted there was little or no market harm, because “time-shifting merely enables a viewer to see … a work which he had been invited to witness in its entirety free of charge.” ( Id. at 588, emphasis added).
Technology & Marketing Law Blog
JUNE 21, 2023
As noted by Professor Jake Linford , the examples used by the Court when it discusses application of the Rogers test focus on uses in the title or content of artistic works (not on T-shirts). 1125(c)(3)(C) is problematic, other parts of the Jack Daniel’s decision are definitely speech-protective.
Barry Sookman
MAY 4, 2020
patent statute including the definition of “inventor” which means “the individual or, if a joint invention, the individuals collectively who invented or discovered the subject matter of the invention”. The court held that the article met the formal requirements of a literary work on the basis of its appearance.
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